STATE OF FLORIDA, APPELLANT,
v.
GORDON STRICKLAND, APPELLEE
Explore caselaw by topic → Browse Unconstitutionally Vague Statute cases and more on FLexlaw
Pursuant to Article V, Section 3(b)(1) of the Florida Constitution, the state appeals an order of the Manatee County Circuit Court granting a motion to dismiss on the ground that Section 856.021, Florida Statutes (1975), is unconstitutionally vague. This same statute was upheld in the face of an identical challenge in State v. Ecker, 311 So. 2d 104 (Fla.1975), which was then followed in Brown v. State, 314 So. 2d 129 (Fla.1975), and in State v. Williams, 315 So. 2d 449 (Fla.1975). There being no basis in the record or in the arguments of counsel for reconsideration of those decisions, the judgment entered below is reversed and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rolling v. State, 695 So. 2d 278 (Fla. 1997)…order does not expressly address the propriety of Investigator Smith’s search of the contents of the totebag six days later, we find that it was a valid inventory search. An inventory search is a Fourth Amendment search and seizure, Elson v. State, 337 So. 2d 959 (Fla.1976), but is unique in that its purposes are for the protection of property and persons rather than to investigate criminal activity. Miller v. State, 403 So. 2d 1307 (Fla.1981). Contraband or evidence seized in a valid inventory search is adm…
-
State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979)…5, 227 (Fla.1971). More broadly, it has also been held that “the Fourth Amendment governs all intrusions on personal security by agents of the public. If there is an intrusion upon personal security by an officer, there is a search.” Elson v. State, 337 So. 2d 959, 963 (Fla.1976). Essentially, then, a search and seizure under the Fourth Amendment covers any official invasion of a person’s reasonable expectation of privacy as to his person, house, papers or effects. Katz v. United States, 389 U.S. 347, 88 S.Ct…
-
Twilegar v. State, 42 So. 3d 177 (Fla. 2010)…gency exists. Seibert v. State, 923 So. 2d 460, 468 (Fla.2006) (emphasis added). Fourth Amendment law governing inventory searches by police provides as follows: An inventory search is a Fourth Amendment search and seizure, Elson v. State, [*193] 337 So. 2d 959 (Fla.1976), but is unique in that its purposes are for the protection of property and persons rather than to investigate criminal activity. Miller v. State, 403 So. 2d 1307 (Fla.1981). Contraband or evidence seized in a valid inventory search is adm…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ecker, 311 So. 2d 104 (Fla. 1975)
- Brown v. State, 314 So. 2d 129 (Fla. 1975)
- Fargo VAN & Storage, Inc. v. Bevis, 314 So. 2d 129 (Fla. 1975)
- State v. Williams, 315 So. 2d 449 (Fla. 1975)